on 16-09-2009 10:31 PM
16-09-2009 10:37 PM - edited 16-09-2009 10:49 PM
Yeah, but to get it replaced requires Sony to admit it is a fault - therein lies the problem.
No need for a 2 year warranty - Sale of Goods Act would cover it for up to 6 years as it has been like that since I have bought it and I have registered it as a complaint with Sony and GAME.
I'm not paranoid about the noise, just hypersensitive to it - can't bear to watch a bluray now. Sounds like a carhorn going off constantly in the distance.
Where does this myth of SOGA covers for 6 yrs come from? It does no such thing! Visit your CAB if you do not believe me, or perhaps actually read the fact sheet yourself...http://www.berr.gov.uk/whatwedo/consumers/fact-she
First you need to prove that there is an inherent fault...
Q13. What does the "reversed burden of proof" mean for the consumer?
It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.
Now you have to prove this inherent fault WITHIN 5/6 years of purchase. It does not mean if it dies within 5/6yrs you are covered.
Q3. Are all goods supposed to last six (or five) years?
No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.
on 16-09-2009 11:37 PM
The expected life span of a PS3 is longer than 6 years - I've even had Sony reps admit that! And the reason I have complained from day 1 is that the noise was apparent on day 1, therefore if it is a fault, it is an inherent fault.
I think the 6 years thing was publicised in the press recently. There was definitely a big piece in the News of the World on it. I'm sure it is like you say though, you have 6 years to bring it to court. But if you can prove the problem is a design fault or a production fault that was in place when you bought it, that's pretty much the same thing - you've got 6 years to go to court and prove it.
17-09-2009 01:17 AM - edited 17-09-2009 01:18 AM
I remember reading somewhere:
"If you ask a Sony Rep if your £200-300 piece of electrical equipment is only expected to last 2 years, they will never agree or say otherwise, as it is meant to last much longer. They are more likely to say it will have meant to last over 4 or 5 years. Therefore, the PS3 that is meant to last 4 years, breaking in 2 years, was "faulty" when you bought it, thus proving that it is "inherently faulty."
And that's your proof that it was inherently broken.
on 17-09-2009 07:12 AM
on 21-09-2009 01:57 PM
So did Curry's give you a refund? I got mine from GAME and they said they would not replace it and the only thing I could do was trade it in for an 80gb...at an additional cost of £120!
I'm hoping Sony will exchange it once the 28 day period since purchase is up. Not counting on it though - had horrible experiences with Sony customer service in the past.
Sorry, should have explained further, curry's offered to exchange or refund the PS3 slim I'd bought, but as I've read here and heard from word of mouth, getting a silent slim is like winning the lottery, very high odds.
Anyway, as I've got a huge collection of BlueRay films, I decided to get an exchange for a dedicated BlueRay player, and went for the Sony BDP-S360, on offer at £199, so Curry's refunded the balance to my card, so, yes, they can do either refund or exchange (or both in my case).
Since then, I've found a slim without too much fan noise, and I got this from Game in Chester (it helps to get to know the staff so if there are issues, you can get help beyond the standard Game/gamestation excuses offered).
My PS3 slim still makes a sound, I'd liken it to my old 80gig after I'd had it on for over 7 hours, a sound I personally can live with, unlike the horrible noise from the curry's machines.
on 21-09-2009 02:08 PM
on 21-09-2009 02:47 PM
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